(a) HHSC approves or denies each application for a
permit.
(b) Notices of application approval, denial, or deficiency
must be in accordance with §557.127 of this chapter (relating
to Application Processing).
(c) HHSC denies an application for a permit if the
person:
(1) does not meet the requirements in §557.107
of this chapter (relating to Training Requirements; Nursing Graduates;
Reciprocity) or §557.125 of this chapter (relating to Requirements
for Corrections Medication Aides);
(2) fails to pass the examination prescribed by HHSC,
as referenced in §557.111 of this chapter (relating to Examination),
or developed by TDCJ, as referenced in §557.125(g) of this chapter;
(3) fails or refuses to properly complete or submit
an application form or fee, or deliberately submits false information
on any form or document required by HHSC;
(4) violates or conspires to violate the Texas Health
and Safety Code, Chapter 242, Subchapter N, Texas Human Resources
Code §161.083, or any provision of this chapter;
(5) has a criminal history that HHSC determines is
a basis for denying the permit under §557.121 of this chapter
(relating to Permitting of Persons with Criminal Backgrounds);
(6) is listed with a revoked or suspended status on
the HHSC NAR; or
(7) is listed as unemployable on the EMR.
(d) If, after review, HHSC determines that the application
should be denied, HHSC gives the applicant written notice of the reason
for the proposed decision and of the opportunity for a formal hearing
in accordance with §557.123(c)(3) of this chapter (relating to
Violations, Complaints, and Disciplinary Actions).
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